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High Court of KeralaWP(C)/37759/2015closed

Mohanan.S v. The Superintendent Of Police

2015-12-22Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 37759 of 2015 (T) ---------------------------- PETITIONERS:

------------- MOHANAN.S AGED 40 YEARS S/O. SIVARAMAN, RESIDING AT 'ASWATHI NIVAS'

PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA - 688 524. BY ADVS.SRI.A.K.ABDUL AZEEZ SRI.IVANS C. CHAMAKKAL RESPONDENTS:

--------------

1. THE SUPERINTENDENT OF POLICE ALAPPUZHA DISTRICT - 688 001.

2. THE DY.SUPERINTENDENT OF POLICE ALAPPUZHA DISTRICT - 688 001.

3. THE DY. SUPERINTENDENT OF POLICE CHERTHALA, ALAPPUZHA - 688 524.

4. THE SUB INSPECTOR CHERTHALA POLICE STATION, ALAPPUZHA - 688 524.

5. THE SUB-INSPECTOR AROOR POLICE STATION, ALAPPUZHA - 688 534.

6. THE SUB INSPECTOR ARTHUNGAL POLICE STATION, ALAPPUZHA - 688 530.

7. THE SUB INSPECTOR POOCHAKKAL POLICE STATION, ALAPPUZHA - 688 526.

8. THE SUB INSPECTOR KUTHIATHODE POLICE STATION, ALAPPUZHA - 688 533.

9. SAJI, S.O BHASKARAN, 'VENDAMBIL', VALAYAR P.O., CHERTHALA, ALAPPUZHA 688 536

10. BENNY, S/O THOMAS, 'MUNDAYATH HOUSE', VALAYAR P.O CHERTHALA, ALAPPUZHA 688 536 R1-R8 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).No. 37759 of 2015 (T) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ---------------------- P1 - TRUE COPY OF THE JUDGMENT DT. 23.11.2015 IN WPC NO. 34944/2015 (P).

P2 - TRUE COPIES OF THE CERTIFICATE OF REGISTRATION FOR THE PETITIONER'S VEHICLES BEARING REGISTRATION NO. KL-17-D-702 AND KL-02-S-7474.

P3 - TRUE COPIES OF THE PERMIT NO. P. ST 4/1029/2005 HAVING VALIDITY UP TO 31.3.2020 AND P.ST. 4/87/1994 HAVING VALIDITY UP TO 15.11.2016.

P4 - TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT. 1.12.2015.

P5 - TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF PETITION VIDE NO. 86880/2015 DT 1.12.2015.

RESPONDENTS' EXHIBITS:

NIL ------------------------ TRUE COPY P.A. TO JUDGE.

kp/-

ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C). No. 37759 of 2015 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of December, 2015

JUDGMENT

A.M. SHAFFIQUE, J.

The petitioner has approached this Court seeking adequate police protection for operating his vehicles bearing No. KL-17 D 702 and KL02-S 7474. It is stated that on an earlier occasion when there was obstruction in operating the stage carriage bearing No. KL-04-Q 7934, the petitioner had approached this Court by filing W.P.(C).No.34944 of 2015. By judgment dated 23.11.2015, we have taken on record the submission made by the learned State Attorney that adequate protection shall be provided by the third respondent, in the event of any obstruction being caused in the said case.

2. It is submitted by the petitioner that at the instance of respondents 9 and 10 further obstruction has been caused in the running of above mentioned stage carriage bus.

3. Learned State Attorney on instructions would submit that, though the police has offered to give protection to operate the stage carriage bearing No.KL 04 Q 7934, pursuant to the order issued by this Court in W.P.(C).No.34944 of 2015. But the said vehicle is now garaged and is not operating now. As far as the request now made by

W.P.C. No.37759 of 2015 -2the petitioner is concerned, there has been no incident of any obstruction being caused to the said stage carriage bus.

4. In the said circumstances, we do not think that any further direction is required to be issued in this case. However, it shall be open for the petitioner to approach the police if there is any illegal obstruction from any person in the matter of operating the stage carriage.

With the above observations, this writ petition is closed. ASHOK BHUSHAN, CHIEF JUSTICE A.M. SHAFFIQUE, JUDGE kp/-22.12.15